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LOWER BRULE SIOUX TRIBE v. STATE OF S.D.

No. 96-1692.

104 F.3d 1017 (1997)

LOWER BRULE SIOUX TRIBE, Appellant, v. STATE OF SOUTH DAKOTA; John Cooper, Secretary, Division of Game, Fish & Parks for the State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed January 9, 1997.

Rehearing and Suggestion for Rehearing Denied March 5, 1997.

Attorney(s) appearing for the Case

R. Dennis Ickes, Salt Lake City, UT, argued (Cathleen Clark and Julian H. Brown, on the brief), for appellant.

Charles D. McGuigan, Pierre, SD, argued (Mark T. Barnett and John P. Guhin, on the brief), for appellee.

Before BOWMAN, HEANEY, and BEAM, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 5, 1997.*

HEANEY, Circuit Judge.

This case involves a long-standing dispute between the Lower Brule Sioux Tribe ("Tribe") and the State of South Dakota and the Secretary of the State Game, Fish & Parks Division ("State") concerning regulatory jurisdiction over hunting and fishing by nonmembers of the Tribe on nonmember-owned fee lands and waters and taken areas within...

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